The Comprehensive Guide to the De Facto Visa for Australia: Navigating Your Path to Residency
Applying for a de facto partner visa in Australia allows non-citizen partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This visa is a pathway to permanent residency and is available to both same-sex and opposite-sex couples.
Understanding De Facto Relationships in Australia
In Australia, a de facto relationship is defined as a relationship between two people (of the same or different sex) who are not married but live together on a genuine domestic basis. To be eligible for a de facto partner visa, you must have been in a de facto relationship for at least 12 months immediately before applying. This requirement can be waived if you have registered your relationship under a prescribed Australian state or territory law.
Types of Partner Visas
Australia offers two primary partner visas:
- Subclass 820 (Temporary) and Subclass 801 (Permanent):
- Subclass 820: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 801: This permanent visa is granted after holding the Subclass 820 visa for at least two years.
- Subclass 309 (Provisional) and Subclass 100 (Migrant):
- Subclass 309: This temporary visa allows you to live in Australia while your permanent visa application is processed.
- Subclass 100: This permanent visa is granted after holding the Subclass 309 visa for at least two years.
Eligibility Criteria
To be eligible for a de facto partner visa, you must:
- Be in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Have been in the relationship for at least 12 months immediately before applying, unless you have a child together or have registered your relationship.
- Be at least 18 years old.
- Meet health and character requirements.
Application Process
- Gather Required Documents:
- Proof of your de facto relationship (e.g., joint bank statements, lease agreements, photos together).
- Identification documents (e.g., passports, birth certificates).
- Health and character documents (e.g., police certificates, health examinations).
- Submit Application:
- Applications can be lodged online through the ImmiAccount portal.
- Await Processing:
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
- Receive Visa Decision:
- If approved, you will be granted the temporary Subclass 820 visa, allowing you to live in Australia.
- After two years, you can apply for the permanent Subclass 801 visa.
Processing Times
- 50% of applications: 10 months
- 90% of applications: 16 months
Processing times for partner visas can vary. For instance, the Subclass 820 visa has the following processing times:
These times are indicative and can change based on individual circumstances and the completeness of your application.
Common Questions
- Can tourists get married in Australia?
- Yes, tourists can marry in Australia. However, if you have certain visa conditions, such as Condition 8503, it could impact your onshore partner visa application.
- Can you apply for a partner visa without marriage?
- Yes, you can apply for a de facto partner visa without being married, provided you meet the de facto relationship criteria.
- How long does a partner visa take in Australia?
- Processing times vary. For example, the Subclass 820 visa has a processing time of 10 to 16 months, depending on individual circumstances.
- Can I bring my partner to Australia?
- Yes, you can sponsor your partner for a de facto partner visa, provided you meet the eligibility criteria.
- How does the partner visa work in Australia?
- The partner visa allows your partner to live in Australia. It is a two-step process: first, obtaining a temporary visa (Subclass 820), followed by a permanent visa (Subclass 801) after two years.
Conclusion
Applying for a de facto partner visa in Australia involves meeting specific eligibility criteria, gathering necessary documentation, and understanding the application process. Given the complexities and potential processing times, it’s advisable to consult with a registered migration agent or legal professional to guide you through the process.
For more information, contact us for guidance specific to your case.
521 Responses
Hi Nilesh, quick questions, is it still eligible if we are both living together but outside of Australia (e.g., working in Europe) after applying for a De Facto Visa? We assume that we only need to be in Australia when we apply for this visa (820) and when they decide on our temporary visa application, is that correct? Thank you!
Cheers, Josephine
Dear Josephine
Thank you for contacting MyVisa®.
You will need to in Australia when you lodge the subclass 820 application and you’ll be well advised to be back in Australia to get granted the visa. You can guess when you need to be back this by looking at the processing times published by DHA.
The department is full of great people and they’re likely to indicate to us in advance that they are looking to Grant the visa and at that stage we would normally indicate to you to get back into Australia.
There is no mandatory requirement that you must be resident in Australia for the duration of your relationship for the duration of the application.
Should you wish to get specific advice about your circumstances from me, you can book in a consultation with me here.
https://myvisa.com.au/book
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Hi, I am currently awaiting for the approval of a partnership visa. We were in an de facto relationship prior to the application. Now we want to get married, however have been told that getting married will impact on our application negatively. This makes absolutely no sense to us. Is that true? Thanks heaps
Dear Sandy
Nilesh has asked me to respond to your question.
Thank you for contacting MyVisa®.
The short answer is that it is recommended to remain in a de facto relationship until after the partner visa application is finalised.
We agree that it makes little sense!
Here are some of the issues:
Officers can test the integrity and status of the relationship at the date of application and again at the date of decision.
Legislation is poorly drafted and does not properly accommodate (your partner visa situation) where there is a claim of a “de facto” relationship at the time of application and then a “married” relationship at the time of decision.
If you have applied for an onshore Partner visa (subclass 820/801), it will depend on whether you relied on the registration of your de facto relationship to get past the 12 month requirement.
For these cases, it may be advisable not to get married, as this may adversely affect the relevance of the de facto relationship certificate (as it may no longer be applicable) due to the change in your relationship status from de facto to married. Complicated, isn’t it!
This is not to say that partner visa grants can not or are not made to applicants who are in a defacto relationship at the time of application and a married relationship at the time of visa decision – it’s just that it’s fraught with greater risk of refusal.
In the event you have already married, you may wish to provide new Form 888 statutory declarations in light of your new married relationship status. You will also be required to notify the Department as soon as possible of the change in circumstances by submitting a Form 1022.
Note: Issues arise due to the applicant’s location when lodging the application (offshore or onshore) and whether there is a section s48 issue.
Should you wish to get specific advice about your circumstances from Nilesh, you can book in a consultation with him here.
https://myvisa.com.au/book
Please do let us know if you decide to marry and what your experience was!
Regards
Justin Jinhyun Kim
Immigration Lawyer
MyVisa®
Also I forgot to add that I am from Perth which does not recognise the registered relationship documents.
And we work as hotel annimators/Entertainers. This means we live in the hotel for free so no bills or rent paid.
We have been staying in our friends apartment in Turkey for the last 6/7 months with only paying bills to him. Proof being that the address is the same on our turkish residence permit application otherwise no proof of rent.
Thanks
Dear Amber
Nilesh has asked me to respond to your question.
Thank you for contacting MyVisa®.
You may be eligible for a Partner visa based on your de facto relationship. We think this is your only option, considering your circumstances.
Regarding your relationship evidence, your circumstances are challenging. You will need lots of statements (4x Form 888 plus partner statements).
Usually, a Partner visa application takes between 19 and 23 months to process. However, it can vary depending on individual circumstances and COVID.
Should you wish to get specific advice from Nilesh, you can book in a consultation with him here.
https://myvisa.com.au/book
Regards
Jade Lee
Immigration Lawyer
MyVisa®
Hi!
I am an Australian Citizen and my boyfriend is German and 35 years old.
We have been together in a relationship since June 2019 ( so 1.5 years) and we met working overseas.
We are currently both outside of Australia due to COVID rules as he cannot enter the country. We previously spent 10 months apart in different countries originally because of work commitments and then COVID not being able to travel. Now being back in the same country (Turkey) for approx 7 months and will be apart again for another 6/7 months for work. Hoping to both travel to Australia by the end of the year so he can at least meet my family! I see applying for a defacto relationship is one of the only options but struggling with evidence.
How long does the process take? How much does it cost and do you see any other visa options for us?
Thanks
Hi Nilesh
I was wonderin to what extent the department expects money to be pooled between de facto partners. Is it sufficient to have individual accounts as well as a joint account that is used to pay all shared bills? Or is it expected that all money comes in and out of single joint account? Thanks.
Hello, I am the sponsor of a partner visa applicant and my relationship has broken down beyond repair.
I wanted to try to respect the application but my partner has since started being with another and she has been abusive towards me.
What can I do? Who do I notify of my circumstances. She’s trying to kick me out of my home that I have built with little to no help from her. I have supported her fully, I even got stuck in the pandemic overseas visiting her family because she had ceased being human in her homesickness and need to see her family.
I have done everything to support this until I have reached breaking point. I cannot see myself leaving my home that I have worked so hard to build. Please give me some advice.
Hi there,
Is the immigration officer able to access WhatsApp private conversations for a partner visa application and check the legitimacy?